The New York State Police confiscated a Navy veteran’s guns after he received treatment for insomnia at a hospital, according to a new lawsuit.
The police used a mental health database enacted by N.Y.’s latest gun control law, the SAFE Act, to declare veteran Donald Montgomery, who is also a former detective, “mentally unfit” to own firearms based on Montgomery’s treatment for sleep deprivation, the lawsuit Montgomery v. Cuomo stated, which names state officials and the hospital as defendants.
“The Plaintiff [Montgomery] is a retired law enforcement officer with a distinguished career of more than 30 years, who retired with the rank of Detective Sergeant,” the lawsuit said. “The Plaintiff had a spotless record and was awarded the department’s Bravery Medal; [He] had been a Commanding Officer for 15 years.”
“At the time of his presentation at the Emergency Department of Eastern Long Island Hospital, the Plaintiff suffered from sleep deprivation, occasioned by his move from one location in the state to another, with his wife of many years, to live closer to their adult child and young grandchild.”
Last May, Montgomery checked himself into the hospital twice for insomnia and was given a prescription for 50mg of Trazodone, which is used to treat sleep disorders and depression.
“This is a well-developed, well-kempt [sic] male, dressed casually and in no acute distress,” the results of Montgomery’s mental examination said. “He is calm, pleasant, cooperative.”
A nurse’s report reached a similar conclusion, stating that Montgomery did not pose a threat to himself or others.
Yet despite Montgomery passing all psychiatric examinations and the fact he checked himself into the ER, the hospital labeled him an “involuntary admission.”
“On or about May 30, 2014, the Plaintiff received a telephone call from an officer at the Suffolk Co. Sheriff’s Dept. informing him [they were] going to have to come overhand pick up his handguns because they were under repeated pressure from the N.Y. State Police to immediately do so,” the lawsuit stated. “The sheriff’s department arrived at the Plaintiff’s then-residence and took physical possession of the Plaintiff’s four firearms and provided him with an ‘inventory.'”
Additionally, the State Police cancelled his pistol permit without a hearing and the hospital refused to correct its mistake in Montgomery’s record.
Montgomery’s lawsuit alleges “the creation, implementation, marketing and use of a reporting system for medical professionals to transmit personal health information to the State… as part of the ‘N.Y. Secure Ammunition and Firearms Enforcement Act’ violates the civil liberties… under the Second, Fourth, Fifth and Fourteenth Amendments to the U.S. Constitution.”
“Neither the treatment providers, nor the State have provided notice to patients of the sharing of their personal health information,” the lawsuit said. “In the absence of relief from this court, virtually no one whose personal health information has been freely shared by medical providers, state and local actors will learn or be able to find out whether the integrity of their personal health information has been compromised, including that it has been transmitted to law enforcement personnel.”
Just as we predicted numerous times, government officials are now revoking gun rights without due process by declaring gun owners “mentally unfit,” which is easy to do because the official diagnostic system for mental disorders in the U.S., the DSM-5, is so broad that almost every form of human behavior can be “diagnosed” as some type of mental illness.
For example, in 2012 the Department of Veteran Affairs sent out letters to veterans stating that based on “evidence,” their “competency” was under review and if the bureaucrats decided to rate the veterans “incompetent,” they would be prohibited from “purchasing, possessing, receiving or transporting a firearm or ammunition.”
“The letter provides no specifics on the reasons for the proposed finding of incompetency; just that is based on a determination by someone in the VA,” Constitutional attorney Michael Connelly, J.D. wrote on the subject.
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